MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING AUGUST 17, 2016, 6:00 P.M., 505 SOUTH VULCAN AVENUE

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1 MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING AUGUST 17, 2016, 6:00 P.M., 505 SOUTH VULCAN AVENUE 1. CALL TO ORDER Mayor Gaspar called the meeting to order at 6:01 P.M. 2. ROLL CALL Present: Absent: Mayor Kristin Gaspar, Deputy Mayor Lisa Shaffer, Council Members Catherine S. Blakespear, Tony Kranz and Mark Muir None Also present: City Manager Brust, City Attorney Sabine, Deputy Engineering Director Deane, Principal Planner Langager, Senior Planner Sapa u, Special Counsel Barbara Kautz, Traffic Engineer Blough, City Clerk Hollywood and Deputy City Clerk Bingham There being a quorum present, the meeting was in order. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL PRESENTATIONS AND PROCLAMATIONS 4A. Proclamation to Chad Little for Prostate Cancer Awareness Month Mayor Gaspar presented the proclamation to Chad Little. 4B. Presentation by John McNair of JC Resorts regarding the Encinitas Ranch Golf Authority (ERGA) John McNair, representing JC Resorts, presented the report. 5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF Donna Westbrook spoke regarding Measure T at Home in Encinitas. 6. REPORT FROM CLOSED SESSION Mayor Gaspar announced that regarding the City Closed Session Agenda Item #1, there was unanimous consensus to direct staff to remove the offending trees, direction to staff to replace with the most viable, mature shade trees consistent with City policy and to direct staff to commence a public outreach effort prior to removal Item 8A 1 of 19

2 7. CHANGES TO THE AGENDA Mayor Gaspar announced that Agenda Item #10C would be heard first under Action Items and Agenda Item #8I was removed from the Consent Calendar by members of the public. 8. CONSENT CALENDAR Kranz moved, Shaffer seconded to close and adopt the amended Consent Calendar. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 8A. Approval of the Minutes of the July 13, 2016 Closed Session Meeting, July 13, 2016 Regular Meeting, July 13, 2016 Special Meeting, July 20, 2016 Regular Meeting, and July 27, 2016 Regular Meeting. Contact Person: City Clerk Hollywood Recommended Action: Approve the Minutes. 8B. Approval of the Warrants List. Contact Person: Finance Manager Lundgren Recommended Action: Approve the Warrants. 8C. Designation of a voting delegate and a voting delegate-alternate for the League of California Cities (LCC) Annual Conference, October 5-7, Contact Person: City Clerk Hollywood Recommended Action: Adopt Resolution designating Mayor Gaspar to represent the City of Encinitas as a voting delegate and City Manager Brust as a voting delegate-alternate at the LCC Annual Conference in October D. Dedication of Sewer Easement to San Elijo Powers Authority (SEJPA) for their sewer outfall across Assessor Parcel Number (APN) Contact Person: Engineer Hefner Recommended Action: Approve a sewer easement dedication to San Elijo Joint Powers Authority (SEJPA) across APN , and authorize the Director of Public Works to execute this sewer easement with the SEJPA. 8E. Construction Contract for the City Hall Sewer Rehabilitation Project, CF15A. Contact Person: Deputy City Engineer Shields Item 8A 2 of 19

3 Recommended Action: Council to take the following actions: 1) Accept the public improvements; and 2) Authorize the filing of a Notice of Completion. 8F. Construction Contract for the Annual Storm Drain Rehabilitation / Repair FY Project (CD05E). Contact Person: Deputy City Engineer Shields Recommended Action: Council to take the following actions: 1) Accept the public improvements; and 2) Authorize the filing of a Notice of Completion. 8G. Memorandum of Understanding between the City of Encinitas and EXPOSURE Skate for a Community Special Event. Contact Person: Recreation Superintendent Gorham Recommended Action: Approve a one-year Memorandum of Understanding (MOU) for a second year between the City of Encinitas and EXPOSURE Skate to provide a major special skate event scheduled for Saturday, November 5, 2016, with November 6 as a back-up rain date at Encinitas Community Park. 8H. Participation in the Beacon Program. Contact Person: Acting Climate Action Plan Program Administrator Najera Recommended Action: Adopt Resolution approving participation in the Beacon Program administered by the Institute for Local Government. 9. ITEMS REMOVED FROM THE CONSENT CALENDAR 8I. Budget authorization for expanded polystyrene engagement services. Contact Person: Environmental Programs Manager Steenblock Recommended Action: Adopt City Council Resolution entitled, A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year Adopted Budget. Deputy Engineering Director Deane presented the staff report. SPEAKERS: Christine Wagner and Barbara Irwin spoke in opposition to the recommended action Item 8A 3 of 19

4 10. ACTION ITEMS Shaffer moved, Blakespear seconded to direct staff to bring back a draft polystyrene ordinance at the next possible City Council meeting and to approve the proposed outreach plan which would go into effect at the same time as the first reading of the ordinance. Muir made a substitute motion, Gaspar seconded to adopt Resolution entitled, A Resolution of the City Council of the City of Encinitas Amending the Fiscal Year Adopted Budget to expand polystyrene engagement services. Motion carried. Ayes: Gaspar, Kranz, Muir. Nays: Blakespear, Shaffer. Agenda Item #10C was heard out of order. 10C. Public Hearing to consider the introduction of Draft City Council Ordinance , which proposes changes to the City s density bonus ordinance. The proposed ordinance will amend the City s zoning regulations and Local Coastal Program. Project No POD. Contact Person: Principal Planner Langager Recommended Action: Staff and the Planning Commission recommend that the City Council take the following actions: 1) Receive the staff report; 2) Conduct the public hearing; and 3) Introduce draft Ordinance titled, An Ordinance of the City of Encinitas, amending Chapter C (Density Bonus Regulations) of the Encinitas Municipal Code as reflected in Attachment CC-1 for the reasons specified in the Agenda Report. Principal Planner Langager presented the staff report. Mayor Gaspar opened the public hearing. SPEAKERS: Kathleen Lees, Felix Tinkov and Dean Turney spoke in opposition to the recommended action. Helen Bourne was in opposition to the recommended action but chose not to speak Item 8A 4 of 19

5 Gaspar moved to introduce draft Ordinance titled, An Ordinance of the City of Encinitas, amending Chapter C (Density Bonus Regulations) of the Encinitas Municipal Code as reflected in Attachment CC-1 for the reasons specified in the Agenda Report. Motion died for lack of second. Mayor Gaspar called a recess from 7:12 P.M. to 7:34 P.M. Mayor Gaspar closed the public hearing. Gaspar moved, Muir seconded to continue the item to the September 14, 2016 City Council Meeting. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 10A. Public Hearing to Consider Adoption of Resolution Establishing Residential Permit Parking on Sea View Court and Pacific View Lane and a No Parking Zone on Seacrest Way, Sea View Court, and Pacific View Lane Between 10:00 P.M. and 5:00 A.M. Contact Person: City Traffic Engineer Blough Recommended Action: Staff recommends that Council adopt Resolution No establishing residential permit parking on Sea View Court and Pacific View Lane and a no parking zone on Seacrest Way, Sea View Court, and Pacific View Lane between 10:00 P.M. and 5:00 A.M. Before Agenda Item 10A was heard, Deputy Mayor Shaffer recused herself because she lives in proximity of the subject properties. Deputy Mayor Shaffer left the Council Chambers. Traffic Engineer Blough presented the staff report. SPEAKERS: Jesse Mallinger, Mike Colletta, Shane Woolsey, Tim Griffen and Kathleen Lees spoke in opposition to the recommended action. Jim Gottfried, Christine Klemont, Rebecca Baker, John Kennedy and Ronald Demuth spoke in support of the recommended action. Donna Gottfried, Edith Etzold, Ralph Etzold and Todd Stearman were in support of the recommended action but chose not to speak Item 8A 5 of 19

6 Gaspar moved, Muir seconded to adopt Resolution establishing the residential permit parking on Sea View Court and Pacific View Lane and a no parking zone on Seacrest Way, Sea View Court, and Pacific View Lane between 10:00 P.M. and 5:00 A.M. Muir amended the motion, Gaspar seconded include the Essex Apartments and to treat this as a pilot project to be reviewed after one year. Motion and amendment carried. Ayes: Gaspar, Kranz, Muir. Nays: Blakespear. Absent: Shaffer. Deputy Mayor Shaffer returned to the Council Chambers. 10B. Housing Element Update, also known as At Home in Encinitas Affirmation of the Ad Hoc Subcommittee s proposed ballot argument in favor and approving five signatories. Contact Person: Acting Director of Planning and Building Ranu on behalf of the Ad Hoc Council Subcommittee Recommended Action: The Ad Hoc City Council Subcommittee recommends that the Council: 1) Consider the Ad Hoc City Council Subcommittee s proposed ballot argument in favor; 2) Consider public comment; and 3) Affirm the Ad Hoc City Council Subcommittee s ballot argument in favor and designate the Mayor and City Council Members as the five authors to sign the ballot argument in favor, or as may be modified by the City Council. Senior Planner Sapa u presented the staff report. SPEAKERS: Dolores Welty spoke. Helen Bourne and Bob Aronin were in opposition to the recommended action but chose not to speak. Gaspar moved, Shaffer seconded to affirm the Ad Hoc City Council Subcommittee s ballot argument in favor (see Attachment A) and designate the Mayor and City Council Members as the five authors to sign the ballot argument in favor. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None Item 8A 6 of 19

7 10D. Consideration and possible adoption of an agreement to rename the Encinitas Library to the Patricia Mizel Encinitas Library as consideration for a One Million and Five Hundred Thousand Dollar ($1,500,000) grant to the City of Encinitas, subject to certain terms and conditions. Contact Person: City Attorney Sabine Before Agenda Item #10D was heard, Mayor Gaspar announced that she would be recusing herself due to a financial conflict of interest. Mayor Gaspar left the Council Chambers. Deputy Mayor Shaffer read into the record the attached letter (Attachment B) from the County of San Diego. City Attorney Sabine presented the staff report. SPEAKERS: CJ Minster, George Hejduk, Katrin Flechsig, Kathleen Lees, Susan Willhoit, Nicola Ranson, Dolores Welty, Julie Graboi, Sheila Cameron, Susan Turney, Dean Turney, Jennifer Fitzgerald and Kathleen Lindemann spoke in opposition of the renaming of the Encinitas Library. Charlene Seidle, Anne Omsted and Janine Free spoke in support of the renaming of the Encinitas Library. William Simonson, Jim Farley, Donna Moore and Judy Hanson were in support of the renaming of the Encinitas Library but chose not to speak. Helen Bourne and Bob Aronin were in opposition to the renaming of the Encinitas Library but chose not to speak. Shaffer moved, Blakespear seconded to not move forward with the renaming of the Encinitas Library at this time and to direct the City Manager to work with Mr. Mizel to identify alternative recognitions for the family. Motion carried. Ayes: Blakespear, Kranz, Muir, Shaffer. Nays: None. Absent: Gaspar. Mayor Gaspar returned to the Council Chambers. 11. INFORMATIONAL ITEMS There were no informational items Item 8A 7 of 19

8 12. COUNCIL MEMBER INITIATED AGENDA ITEM There were no Council Member initiated items. 13. FUTURE AGENDA ITEMS ADDED BY COUNCIL MEMBERS No future agenda items were added. 14. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC (d)) / POSSIBLE DIRECTION TO STAFF Council Members Blakespear and Muir and Deputy Mayor Shaffer had nothing to report. Council Member Kranz reported on an NCTD meeting. Mayor Gaspar reported on an Encina Wastewater Authority Capital Improvement meeting. 15. CITY MANAGER REPORTS / PENDING FUTURE AGENDA ITEMS No reports were given. 16. CITY ATTORNEY REPORTS No reports were given. 17. ADJOURNMENT Mayor Gaspar adjourned the meeting at 10:00 P.M. Kathy Hollywood, City Clerk By: Claudia Bingham Deputy City Clerk Kristin Gaspar, Mayor Item 8A 8 of 19

9 MINUTES OF THE ENCINITAS CITY COUNCIL SPECIAL MEETING AUGUST 24, 2016, 3:30 P.M., 505 SOUTH VULCAN AVENUE CALL TO ORDER/ROLL CALL Mayor Gaspar called the meeting to order at 3:30 P.M. Present: Mayor Kristin Gaspar, Deputy Mayor Lisa Shaffer, Council Members Catherine S. Blakespear, Tony Kranz (arrived at 4:04 P.M.), and Mark Muir. Absent: None. Also present: City Manager Brust, City Attorney Sabine, Risk Manager Schwarm, City Clerk Hollywood and Deputy City Clerk Bingham. There being a quorum present, the meeting was in order. CLOSED SESSION 1. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION AUTHORITY: Government Code NAME OF CASE: DCM Properties, Inc. v. City of Encinitas Case No CU-MC-NC 2. CLOSED SESSION: PUBLIC EMPLOYEE PERFORMANCE EVALUATION AUTHORITY: Government Code TITLE: City Manager 3. CLOSED SESSION: PUBLIC EMPLOYEE PERFORMANCE EVALUATION AUTHORITY: Government Code TITLE: City Attorney Council adjourned into Closed Session at 3:31 P.M. REPORT FROM CLOSED SESSION Mayor Gaspar announced that regarding Agenda Item #1, there was no reportable action. Regarding Agenda Item #2, Council completed the performance evaluation for the City Manager and no votes were taken. Regarding Agenda Item #3, Council completed the performance evaluation for the City Attorney and no votes were taken Item 8A 9 of 19

10 ADJOURNMENT Mayor Gaspar adjourned out of Closed Session at 5:20 P.M. Kathy Hollywood, City Clerk By: Claudia Bingham Deputy City Clerk Kristin Gaspar, Mayor Item 8A 10 of 19

11 MINUTES OF THE ENCINITAS CITY COUNCIL REGULAR MEETING AUGUST 24, 2016, 6:00 P.M., 505 SOUTH VULCAN AVENUE 1. CALL TO ORDER Mayor Gaspar called the meeting to order at 6:00 P.M. 2. ROLL CALL Present: Absent: Mayor Kristin Gaspar, Deputy Mayor Lisa Shaffer, Council Members Catherine S. Blakespear, Tony Kranz and Mark Muir None Also present: City Manager Brust, City Attorney Sabine, Arts Administrator Gilliam, Environmental Programs Manager Steenblock, Recreation Superintendent Gorham, Senior Engineer Maher, Public Works Director Pruim, Acting Director of Planning and Building Ranu, City Clerk Hollywood and Deputy City Clerk Bingham There being a quorum present, the meeting was in order. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL PRESENTATIONS AND PROCLAMATIONS 4A. Update by Caltrans regarding construction of Phase 1 of the I-5 North Coast Corridor Project Allan Kosup, representing Caltrans, gave a brief update on the I-5 North Coast Corridor Project. 5. ORAL COMMUNICATIONS / POSSIBLE DIRECTION TO STAFF Christine Wagner spoke regarding City Council Resolution , authorizing expanded polystyrene engagement services. L. B. Rusty Massie spoke regarding a vacation and lot split at th Street. Mark Stepka spoke regarding the moratorium on vacations of right-of-way applications. Rebecca Conley, Tasha Boerner Horvath and Adriana Chavarin expressed appreciation for the street improvements at Paul Ecke Elementary School Item 8A 11 of 19

12 Adaline Woodard, representing SDG&E, introduced herself as the new Public Affairs Manager. 6. REPORT FROM CLOSED SESSION Mayor Gaspar announced that regarding Agenda Item #1, there was no reportable action. Regarding Agenda Item #2, Council completed the performance evaluation for the City Manager and no votes were taken. Regarding Agenda Item #3, Council completed the performance evaluation for the City Attorney and no votes were taken. 7. CHANGES TO THE AGENDA Mayor Gaspar announced that Agenda Items #10F and #10G were removed from the agenda by staff. 8. CONSENT CALENDAR Shaffer moved, Muir seconded to close and adopt the Consent Calendar. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 8A. Approval of the Warrants List. Contact Person: Finance Manager Lundgren Recommended Action: Approve the Warrants. 8B. Off-cycle budget appropriation for the FY 2016/17 operating budget for the County Service Area 17 (CSA-17) Fund 230. Contact Person: Management Analyst Jimenez Recommended Action: Adopt Resolution approving an off-cycle budget appropriation for the FY 2016/17 operating budget for the County Service Area 17 (CSA-17) Fund C. Resolution approving Continuing Appropriations for unspent Fiscal Year appropriations to Fiscal Year in the total amount of $1,201,403. Contact Person: Finance Manager Gallup Recommended Action: Staff recommends that the City Council adopt Resolution , approving continuing appropriations requests identified in Attachment Item 8A 12 of 19

13 8D. Treasurer s Annual Report for the Fiscal Year Ended June 30, 2016, adoption of Investment Policy and approval of Broker Dealer list. Contact Person: Finance Director Nash Recommended Action: City Council take the following actions: 1) Receive and file the Treasurer s Report for the fiscal year ended June 30, 2016; 2) Adopt revised Investment Policy; and 3) Approve list of Broker/Dealers. 8E. Report from the Community Choice Energy Subcommittee and request for approval of resolution to explore the feasibility of Community Choice Energy (CCE). Contact Person: Community Choice Energy Subcommittee Recommended Action: Council take the following actions: 1) Adopt City Council Resolution entitled Approving Participation in the Feasibility Phase of Community Choice Energy Exploration ; and 2) Direct the Community Choice Energy Subcommittee (Subcommittee) to seek partnerships with other North County cities to conduct a technical assessment in order to evaluate the feasibility of creating a CCE. 8F. Financing agreement with the County of San Diego for payment of City s portion of the NextGen Regional Communications System (RCS) infrastructure costs over ten years. Contact Person: Management Analyst McSeveney Recommended Action: Approve the financing agreement, in substantially final form, with the County of San Diego for payment of the City s portion of the NextGen RCS infrastructure costs over ten years, and authorize the City Manager to execute the agreement (Attachment 1), subject to final review and approval of the City Attorney. 8G. North Coast Highway 101 Streetscape Project (CS04D) design contract amendment with Michael Baker International. Contact Person: Deputy Director Deane Recommended Action: Authorize the Director of Public Works to amend the contract with Michael Baker International as necessary to complete the environmental and design services necessary for the proposed pedestrian crossing at Diana Street and North Court, and the necessary traffic and environmental analysis in consideration of the ballot measure related to the Housing Element Update. 8H. Consideration of a Memorandum of Understanding with SANDAG and related issues regarding the development of the Coastal Rail Trail. Contact Person: Engineering and Public Works Director Pruim Item 8A 13 of 19

14 Recommended Action: City Council to authorize the City Manager, in coordination with the City Attorney, to enter into a Memorandum of Understanding with SANDAG regarding the development of Segment 39C of the Coastal Rail Trail. 8I. Contract with Mikhail Ogawa Engineering to provide stormwater permanent best management practices inspection and municipal separate storm sewer system outfall monitoring services. Contact Person: Environmental Programs Manager Steenblock Recommended Action: Authorize the Public Works Director, in coordination with the City Attorney, to execute a two-year contract (Attachment 1), and any necessary extensions, with Mikhail Ogawa Engineering in the amount of $121,100 plus 15% contingencies for a total contract award not to exceed $139,150, to provide stormwater permanent best management practices inspection and municipal separate storm sewer system outfall monitoring services. 8J. Wayside Horn Demonstration and accompanying Acoustical Monitoring Services for the proposed pedestrian and bicycle at-grade rail crossing at Montgomery Avenue. Contact Person: Deputy Director Deane Recommended Action: Authorize the Director of Public Works, in coordination with the City Attorney, to execute contracts with professional services consultants for the following services: 1) In the amount of up to $30,000, plus 10% contingencies, to conduct a Wayside Horn demonstration for the proposed Montgomery Avenue At-Grade Pedestrian and Bicycle Rail Crossing, for a total contract amount not to exceed $33,000; and 2) In the amount of up to $40,000 plus 10% contingencies to perform acoustical monitoring for the Montgomery Avenue At-Grade Pedestrian and Bicycle Rail Crossing Wayside Horn Demonstration, for a total contract amount not to exceed $44, ITEMS REMOVED FROM THE CONSENT CALENDAR 10. ACTION ITEMS 10A. Commission for the Arts FY Work Plan Update and proposed FY Work Plan and consideration of designating downtown Encinitas as a California Cultural District. Contact Person: Arts Administrator Gilliam Recommended Action: 1) Receive the Commission for the Arts Work Plan FY Update; 2) Approve the Commission for the Arts Proposed Work Plan FY ; and 3) Add the following goal under Arts Venues: Develop the application, for Council consideration and Item 8A 14 of 19

15 approval, and apply to the California Arts Council to designate downtown Encinitas as a California Cultural District. Arts Administrator Gilliam introduced Naimeh Tanha who presented the work plans. There was Council Consensus to receive the work plans and approve the Commission for the Arts proposed work plan for FY B. Proposed FY Environmental Commission Work Plan. Contact Person: Environmental Programs Manager Steenblock Recommended Action: 1) Receive the Environmental Commission Work Plan Status Update; and 2) Approve the Environmental Commission Proposed Work Plan Environmental Programs Manager Steenblock introduced John Eldon who presented the work plans. There was Council Consensus to receive the work plans and approve the Environmental Commission proposed work plan for FY There was Council Consensus to add to the FY work plan stormwater solutions for runoff water. 10C. Senior Citizen Commission Work Plans for FY and Contact Person: Recreation Superintendent Gorham Recommended Action: 1) Receive final report outcomes regarding the FY Senior Citizen Commission; and 2) Approve the proposed FY Senior Citizen Commission Work Plan. Chairman Lee Vance presented the work plans. There was Council Consensus to receive the work plans and approve the Senior Citizen Commission work plan for FY D. Parks and Recreation Commission Work Plans for FY and Contact Person: Recreation Superintendent Gorham Recommended Action: 1) Receive final report outcomes regarding the FY Parks and Recreation Commission Work Plan; and 2) Approve the proposed FY Parks and Recreation Commission Work Plan Item 8A 15 of 19

16 Recreation Superintendent Gorham introduced Elizabeth Brady who presented the work plans. There was Council Consensus to receive the work plans and approve the Parks and Recreation Commission work plan for FY E. Presentation of a petition by Wotan Drive and vicinity residents, requesting that no improvements or right of way dedication by required for Wotan Drive in connection with the future private developments on Wotan. Contact Person: Senior Engineer Maher Recommended Action: Receive the staff s presentation and the public testimonies and direct staff: Option 1) To continue requiring public improvements and right of way dedication on Wotan Drive per recommendations of the Street Design Committee and the City Council Direction on April 15, 2015; Option 2) To change classification of Wotan Drive to a non-improvement street with no requirements for public improvements and include Wotan Drive classification in the Encinitas Local Street Design Standards (ELSDS) to be presented to the City Council in conjunction with the Circulation Element Update; or Option 3) To require right of way dedication and roadway widening in compliance with the Encinitas Fire Code, but not require other public improvements, such as parking improvements and water quality enhancements. Public Works Director Pruim presented the staff report. SPEAKERS: Stuart Dowelson, Kevin Farrell, Anthony Kuhlmann, Ila Ree Piel, Jennifer Hewitson, David Donnelly, John Schuster, Mac Clarke and Kathleen Lees spoke in support of Staff Option #2. Ivona Clark, Bob McSeveney, Steve Schuette, Alex Nenl, John J. Murphy, Mr. Ohrbom, Alan Averhoff, Carol Brown, Werner Zuehlsdorff, Renee Zeidner, Diane Stockmeyer, David R. Burns, Susan Burns, Lynn Burnstan, Richard Wargo, Sue Hunt, Shauna Henderson, and Thomas Rosenthal registered support of Staff Option #2 but chose not to speak. Gaspar moved, Muir seconded to approve Staff Option #2, to change the classification of Wotan Drive to a non-improvement street with no requirements for public improvements, and no requirements for right-of-way; and include Wotan Drive classification in the Encinitas Local Street Design Standards (ELSDS) to be presented to the City Council in conjunction with the Circulation Element Update. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None Item 8A 16 of 19

17 10F. Public Hearing to consider introduction of Ordinance to the City s Municipal Code to add grading exemptions for urban agricultural operations. Contact Person: Senior Civil Engineer Maher Recommended Action: Introduce Ordinance an ordinance to amend Chapter of the Municipal Code (Grading Ordinance) and to amend the Local Coastal Program to add Section Agricultural Exemptions, per Attachment 1. This item was removed from the agenda by staff. 10G. Memorandums of Understanding between the City of Encinitas and Surfing Madonna Oceans Project for 2016 and 2017 major special events, and Cardiff Kook Run and Dental Club One Inc. for 2017 major special events. Contact Person: Management Analyst Roff Recommended Action: Authorize the City Manager to execute Memorandums of Understanding between the City of Encinitas and Surfing Madonna Oceans Project for 2016 and 2017 major special events, and Cardiff Kook Run and Dental Club One Inc. for 2017 major special events. This item was removed from the agenda by staff. 10H. Housing Element Update, also known as At Home in Encinitas Affirmation of the Ad Hoc Subcommittee s proposed rebuttal argument and approving five signatories. Contact Person: Acting Director of Planning and Building Ranu on behalf of the Ad Hoc Council Subcommittee Recommended Action: The Ad Hoc City Council Subcommittee recommends that the Council: 1) Receive and consider the Ad Hoc City Council Subcommittee s proposed rebuttal argument; 2) Consider public comment; and 3) Affirm the Ad Hoc City Council Subcommittee s rebuttal argument and designate the Mayor and City Council Members as the five authors to sign the rebuttal argument, or as may be modified by the City Council. Acting Planning and Building Director Ranu and Ad Hoc Subcommittee Member Deputy Mayor Shaffer presented the staff report Item 8A 17 of 19

18 Gaspar moved, Kranz seconded to affirm the Ad Hoc City Council Subcommittee s rebuttal argument (Attachment A) and designate the Ad Hoc Subcommittee s recommendation of five citizens to sign the rebuttal argument. Motion carried. Ayes: Blakespear, Gaspar, Kranz, Muir, Shaffer. Nays: None. 11. INFORMATIONAL ITEMS There were no informational items. 12. COUNCIL MEMBER INITIATED AGENDA ITEM 12A. Council initiated item from Councilperson Mark Muir requesting that violations regarding crossing the railroad tracks be an infraction and not a misdemeanor as historically practiced by our law enforcement officers as dictated by state law. Contact Person: Councilperson Muir Recommended Action: Direct City Manager to: 1) Determine the impact and process for changing this issuance of violation from a misdemeanor to an infraction for illegally crossing the railroad track; 2) Direct our state lobbyists to find a state legislator willing to carry a bill allowing Law Enforcement to write a Jaywalking ticket instead of a Misdemeanor citation, at the officer s discretion; and 3) Bring back for public input and council direction. SPEAKER: Judy Berlfein spoke. Gaspar moved, Muir seconded to direct staff to return with information on what the requirements would be to change the violations from a misdemeanor to an infraction. Blakespear made a substitute motion, Shaffer seconded to direct staff to prepare a report regarding the current policy and discretion for issuing citations for illegally crossing the railroad tracks. Motion carried. Ayes: Blakespear, Kranz, Shaffer. Nays: Gaspar, Muir. 13. FUTURE AGENDA ITEMS ADDED BY COUNCIL MEMBERS No future agenda items were added Item 8A 18 of 19

19 14. CITY COUNCIL MEMBER REPORTS PURSUANT TO AB1234 (GC (d)) / POSSIBLE DIRECTION TO STAFF Council Members Blakespear and Kranz had nothing to report. Council Member Muir reported on an Encina Wastewater Authority meeting. Deputy Mayor Shaffer report on an Urban Forest Subcommittee meeting. Mayor Gaspar reported on an Encina Wastewater Authority Board of Directors meeting. 15. CITY MANAGER REPORTS / PENDING FUTURE AGENDA ITEMS No reports were given. 16. CITY ATTORNEY REPORTS No reports were given. 17. ADJOURNMENT Mayor Gaspar adjourned the meeting at 8:25 P.M. Kathy Hollywood, City Clerk By: Claudia Bingham Deputy City Clerk Kristin Gaspar, Mayor Item 8A 19 of 19